By:  Ellis, et al.                                       S.B. No. 7
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the period during which a person arrested is required
 1-3     to be taken before a magistrate and to the appointment and
 1-4     compensation of counsel to represent indigent persons accused of
 1-5     crime.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  This Act may be known as the Texas Fair Defense
 1-8     Act.
 1-9           SECTION 2.  Article 1.051, Code of Criminal Procedure, is
1-10     amended by amending Subsection (c) and adding Subsections (i) and
1-11     (j) to read as follows:
1-12           (c)  An indigent defendant is entitled to have an attorney
1-13     appointed to represent him in any adversary judicial proceeding
1-14     that may result in punishment by confinement and in any other
1-15     criminal proceeding if the court concludes that the interests of
1-16     justice require representation.  Except as otherwise provided by
1-17     this subsection, if [If] an indigent defendant is entitled to and
1-18     requests appointed counsel, a [the] court or the courts' designee
1-19     authorized under Article 26.04 to appoint counsel for indigent
1-20     defendants in the county shall appoint counsel [to represent the
1-21     defendant] as soon as possible, but not later than the end of the
1-22     third working day after the date on which the court or the courts'
1-23     designee receives the defendant's request for appointment of
1-24     counsel.  In a county with a population of 250,000 or more, the
1-25     court or the courts' designee shall appoint counsel as required by
 2-1     this subsection as soon as possible, but not later than the end of
 2-2     the first working day after the date on which the court or the
 2-3     courts' designee receives the defendant's request for appointment
 2-4     of counsel.
 2-5           (i)  A court or the courts' designee shall appoint counsel
 2-6     for an indigent defendant as required by Subsection (c) regardless
 2-7     of whether charges have been filed against the defendant.
 2-8           (j)  A court or the courts' designee may without unnecessary
 2-9     delay appoint new counsel to represent an indigent defendant for
2-10     whom counsel is appointed under Subsection (c) if:
2-11                 (1)  the defendant is subsequently charged in the case
2-12     with an offense different from the offense with which the defendant
2-13     was initially charged; and
2-14                 (2)  legal cause to appoint new counsel is stated on
2-15     the record as required by Article 26.04(j)(2).
2-16           SECTION 3.  Subsection (a), Article 14.06, Code of Criminal
2-17     Procedure, is amended to read as follows:
2-18           (a)  Except as provided by Subsection (b), in each case
2-19     enumerated in this Code, the person making the arrest or the person
2-20     having custody of the person arrested shall take the person
2-21     arrested or have him taken without unnecessary delay, but not later
2-22     than 48 hours after the person is arrested, before the magistrate
2-23     who may have ordered the arrest, before some magistrate of the
2-24     county where the arrest was made without an order, or, if necessary
2-25     to provide more expeditiously to the person arrested the warnings
2-26     described by Article 15.17 of this Code, before a magistrate in a
 3-1     county bordering the county in which the arrest was made.  The
 3-2     magistrate shall immediately perform the duties described in
 3-3     Article 15.17 of this Code.
 3-4           SECTION 4.  Article 15.17, Code of Criminal Procedure, is
 3-5     amended by amending Subsection (a) and adding Subsections (e) and
 3-6     (f) to read as follows:
 3-7           (a)  In each case enumerated in this Code, the person making
 3-8     the arrest or the person having custody of the person arrested
 3-9     shall without unnecessary delay, but not later than 48 hours after
3-10     the person is arrested, take the person arrested or have him taken
3-11     before some magistrate of the county where the accused was arrested
3-12     or, if necessary to provide more expeditiously to the person
3-13     arrested the warnings described by this article, before a
3-14     magistrate in a county bordering the county in which the arrest was
3-15     made.  The arrested person may be taken before the magistrate in
3-16     person or the image of the arrested person may be broadcast by
3-17     closed circuit television to the magistrate.  The magistrate shall
3-18     inform in clear language the person arrested, either in person or
3-19     by closed circuit television, of the accusation against him and of
3-20     any affidavit filed therewith, of his right to retain counsel, of
3-21     his right to remain silent, of his right to have an attorney
3-22     present during any interview with peace officers or attorneys
3-23     representing the state, of his right to terminate the interview at
3-24     any time, [of his right to request the appointment of counsel if he
3-25     is indigent and cannot afford counsel,] and of his right to have an
3-26     examining trial.  The magistrate shall also inform the person
 4-1     arrested of the person's right to request the appointment of
 4-2     counsel if the person cannot afford counsel.  The magistrate shall
 4-3     inform the person arrested of the procedures for requesting
 4-4     appointment of counsel in a manner understood by the person and
 4-5     shall cause to be provided to the person at the same time
 4-6     reasonable assistance in completing the necessary forms for
 4-7     requesting appointment of counsel.  If the person arrested is
 4-8     indigent and requests appointment of counsel and if the magistrate
 4-9     is authorized under Article 26.04 to appoint counsel for indigent
4-10     defendants in the county, the magistrate shall appoint counsel in
4-11     accordance with Article 1.051, regardless of whether charges have
4-12     been filed against the person.  If the magistrate is not authorized
4-13     to appoint counsel, the magistrate shall without unnecessary delay,
4-14     but not later than 24 hours after the person arrested requests
4-15     appointment of counsel, transmit or cause to be transmitted to the
4-16     court or to the courts' designee authorized under Article 26.04 to
4-17     appoint counsel in the county the forms requesting the appointment
4-18     of counsel.  The magistrate [He] shall also inform the person
4-19     arrested that he is not required to make a statement and that any
4-20     statement made by him may be used against him.  The magistrate
4-21     shall allow the person arrested reasonable time and opportunity to
4-22     consult counsel and shall admit the person arrested to bail if
4-23     allowed by law.  A closed circuit television system may not be used
4-24     under this subsection unless the system provides for a two-way
4-25     communication of image and sound between the arrested person and
4-26     the magistrate.  A recording of the communication between the
 5-1     arrested person and the magistrate shall be made.  The recording
 5-2     shall be preserved until the earlier of the following dates:  (1)
 5-3     the date on which the pretrial hearing ends; or (2) the 91st day
 5-4     after the date on which the recording is made if the person is
 5-5     charged with a misdemeanor or the 120th day after the date on which
 5-6     the recording is made if the person is charged with a felony.  The
 5-7     counsel for the defendant may obtain a copy of the recording on
 5-8     payment of a reasonable amount to cover costs of reproduction.
 5-9           (e)  In each case in which a person arrested is taken before
5-10     a magistrate as required by Subsection (a), a record shall be made
5-11     of:
5-12                 (1)  the magistrate informing the person of the
5-13     person's right to request appointment of counsel;
5-14                 (2)  the magistrate asking the person whether the
5-15     person wants to request appointment of counsel; and
5-16                 (3)  whether the person requested appointment of
5-17     counsel.
5-18           (f)  A record required under Subsection (e) may consist of
5-19     written forms or other documentation as authorized by procedures
5-20     adopted in the county under Article 26.04(a).
5-21           SECTION 5.  Article 26.04, Code of Criminal Procedure, is
5-22     amended to read as follows:
5-23           Art. 26.04.  PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
5-24     COUNSEL.  (a)  The judges of the county courts, statutory county
5-25     courts, and district courts trying criminal cases in each county,
5-26     by local rule, shall adopt and publish written countywide
 6-1     procedures for timely and fairly appointing counsel for an indigent
 6-2     defendant in the county arrested for or charged with a misdemeanor
 6-3     punishable by confinement or a felony.  The procedures must be
 6-4     consistent with this article and Articles 1.051, 15.17, 26.05, and
 6-5     26.052.  Except as  provided by Subsections (f), (g), (h), and (i),
 6-6     a court shall appoint an attorney from a public appointment list
 6-7     using a system of rotation.  The court shall appoint attorneys from
 6-8     among the next five names on the appointment list in the order in
 6-9     which the attorneys' names appear on the list, unless the court
6-10     makes a finding of good cause on the record for appointing an
6-11     attorney out of order.  An attorney who is not appointed in the
6-12     order in which the attorney's name appears on the list shall remain
6-13     next in order on the list.
6-14           (b)  Procedures adopted under Subsection (a) shall:
6-15                 (1)  authorize only the judges of the county courts,
6-16     statutory county courts, and district courts trying criminal cases
6-17     in the county, or the judges' designee, to appoint counsel for
6-18     indigent defendants in the county;
6-19                 (2)  apply to each appointment of counsel made by a
6-20     judge or the judges' designee in the county;
6-21                 (3)  ensure that each indigent defendant in the county
6-22     who is charged with a misdemeanor punishable by confinement or with
6-23     a felony and who appears in court without counsel has an
6-24     opportunity to confer with appointed counsel before any
6-25     communication occurs between the defendant and the prosecutor,
6-26     unless the defendant executes an informed waiver of counsel in open
 7-1     court and the waiver is evidenced in writing; and
 7-2                 (4)  require appointments for defendants in capital
 7-3     cases in which the death penalty is sought to comply with the
 7-4     requirements under Article 26.052.
 7-5           (c)  Whenever a [the] court or the courts' designee
 7-6     authorized under Subsection (b) to appoint counsel for indigent
 7-7     defendants in the county determines that a defendant accused of
 7-8     [charged with] a felony or a misdemeanor punishable by confinement
 7-9     [imprisonment] is indigent or that the interests of justice require
7-10     representation of a defendant in a criminal proceeding, the court
7-11     or the courts' designee shall appoint one or more practicing
7-12     attorneys to defend the defendant in accordance with the procedures
7-13     adopted under Subsection (a), regardless of whether charges have
7-14     been filed against the defendant [him].
7-15           (d)  A public appointment list from which an attorney is
7-16     appointed as required by Subsection (a) shall contain the names of
7-17     qualified attorneys, each of whom:
7-18                 (1)  applies to be included on the list;
7-19                 (2)  meets the objective qualifications specified by
7-20     the judges under Subsection (e); and
7-21                 (3)  is approved by a majority of the judges who
7-22     established the appointment list under Subsection (e).
7-23           (e)  In a county in which a court is required under
7-24     Subsection (a) to appoint an attorney from a public appointment
7-25     list:
7-26                 (1)  the judges of the county courts and statutory
 8-1     county courts trying misdemeanor cases in the county, by formal
 8-2     action:
 8-3                       (A)  shall:
 8-4                             (i)  establish a public appointment list of
 8-5     attorneys qualified to provide representation in the county in
 8-6     misdemeanor cases punishable by confinement; and
 8-7                             (ii)  specify the objective qualifications
 8-8     necessary for an attorney to be included on the list; and
 8-9                       (B)  may establish, if determined by the judges
8-10     to be appropriate, more than one appointment list graduated
8-11     according to the degree of seriousness of the offense and the
8-12     attorneys' qualifications; and
8-13                 (2)  the judges of the district courts trying felony
8-14     cases in the county, by formal action:
8-15                       (A)  shall:
8-16                             (i)  establish a public appointment list of
8-17     attorneys qualified to provide representation in felony cases in
8-18     the county; and
8-19                             (ii)  specify the objective qualifications
8-20     necessary for an attorney to be included on the list; and
8-21                       (B)  may establish, if determined by the judges
8-22     to be appropriate, more than one appointment list graduated
8-23     according to the degree of seriousness of the offense and the
8-24     attorneys' qualifications.
8-25           (f)  In a county in which a public defender is appointed
8-26     under Article 26.044, the court or the courts' designee may appoint
 9-1     the public defender to represent the defendant in accordance with
 9-2     guidelines established for the public defender.
 9-3           (g)  A county-wide alternative program for appointing counsel
 9-4     for indigent defendants in criminal cases is established by a
 9-5     formal action in which two-thirds of the judges of the courts
 9-6     designated under this subsection and trying criminal cases in a
 9-7     county vote to establish the alternative program.  An alternative
 9-8     program for appointing counsel in misdemeanor and felony cases may
 9-9     be established in the manner provided by this subsection by the
9-10     judges of the county courts, statutory county courts, and district
9-11     courts.  An alternative program for appointing counsel in
9-12     misdemeanor cases may be established in the manner provided by this
9-13     subsection by the judges of the county courts and statutory county
9-14     courts.  An alternative program for appointing counsel in felony
9-15     cases may be established in the manner provided by this subsection
9-16     by the judges of the district courts.  In a county in which an
9-17     alternative program is established:
9-18                 (1)  the alternative program may:
9-19                       (A)  use a single method for appointing counsel
9-20     or a combination of methods; and
9-21                       (B)  use a multicounty appointment list using a
9-22     system of rotation; and
9-23                 (2)  the procedures adopted under Subsection (a) must
9-24     ensure that:
9-25                       (A)  attorneys appointed using the alternative
9-26     program to represent defendants in misdemeanor cases punishable by
 10-1    confinement:
 10-2                            (i)  meet specified objective
 10-3    qualifications, which may be graduated according to the degree of
 10-4    seriousness of the offense, for providing representation in
 10-5    misdemeanor cases punishable by confinement; and
 10-6                            (ii)  are approved by a majority of the
 10-7    judges of the county courts and statutory county courts trying
 10-8    misdemeanor cases in the county;
 10-9                      (B)  attorneys appointed using the alternative
10-10    program to represent defendants in felony cases:
10-11                            (i)  meet specified objective
10-12    qualifications, which may be graduated according to the degree of
10-13    seriousness of the offense, for providing representation in felony
10-14    cases; and
10-15                            (ii)  are approved by a majority of the
10-16    judges of the district courts trying felony cases in the county;
10-17                      (C)  appointments for defendants in capital cases
10-18    in which the death penalty is sought comply with the requirements
10-19    of Article 26.052; and
10-20                      (D)  appointments are reasonably and impartially
10-21    allocated among qualified attorneys.
10-22          (h)  In a county in which an alternative program for
10-23    appointing counsel is established as provided by Subsection (g) and
10-24    is approved by the presiding judge of the administrative judicial
10-25    region, a court or the courts' designee may appoint an attorney to
10-26    represent an indigent defendant by using the alternative program.
 11-1    In establishing an alternative program under Subsection (g), the
 11-2    judges of the courts establishing the program may not, without the
 11-3    approval of the commissioners court, obligate the county by
 11-4    contract or by the creation of new positions or the creation or
 11-5    adoption of new programs that cause an increase in expenditure of
 11-6    county funds.
 11-7          (i)  A court or the courts' designee required under
 11-8    Subsection (c) to appoint an attorney to represent a defendant
 11-9    accused of a felony may appoint an attorney from any county located
11-10    in the court's administrative judicial region.
11-11          (j)  An attorney appointed under this article [subsection]
11-12    shall:
11-13                (1)  make every reasonable effort to contact the
11-14    defendant not later than 24 hours after the attorney is appointed
11-15    and to interview the defendant as soon as practicable after the
11-16    attorney is appointed; and
11-17                (2)  represent the defendant until charges are
11-18    dismissed, the defendant is acquitted, appeals are exhausted, or
11-19    the attorney is relieved of his duties by the court or replaced by
11-20    other counsel for legal cause stated on the record.
11-21          (k)  A court may replace an attorney who violates Subsection
11-22    (j)(1) with other counsel.  A majority of the judges of the county
11-23    courts and statutory county courts or the district courts, as
11-24    appropriate, trying criminal cases in the county may remove from
11-25    consideration for appointment an attorney who intentionally or
11-26    repeatedly violates Subsection (j)(1).
 12-1          (l)  Procedures adopted under Subsection (a) must include
 12-2    procedures and financial standards for determining whether a
 12-3    defendant is indigent.  The procedures and standards shall apply to
 12-4    each defendant in the county equally, regardless of whether the
 12-5    defendant is in custody or has been released on bail.
 12-6          (m) [(b)]  In determining whether a defendant is indigent,
 12-7    the court or the courts' designee may [shall] consider [such
 12-8    factors as] the defendant's income, source of income, assets,
 12-9    property owned, outstanding obligations, necessary expenses, the
12-10    number and ages of dependents, and spousal income that is available
12-11    to the defendant[, and whether the defendant has posted or is
12-12    capable of posting bail].  The court or the courts' designee may
12-13    not consider whether [deny appointed counsel to a defendant solely
12-14    because] the defendant has posted or is capable of posting bail,
12-15    except to the extent that it reflects the defendant's financial
12-16    circumstances as measured by the considerations listed in this
12-17    subsection.
12-18          (n) [(c)]  A defendant who requests a determination of
12-19    indigency and appointment of counsel shall:
12-20                (1)  complete under oath a questionnaire concerning his
12-21    financial resources;
12-22                (2)  respond under oath to an examination regarding his
12-23    financial resources by the judge or magistrate responsible for
12-24    determining whether the defendant is indigent; or
12-25                (3)  complete the questionnaire and respond to
12-26    examination by the judge or magistrate.
 13-1          (o) [(d)]  Before making a determination of whether a
 13-2    defendant is indigent, the court shall request the defendant to
 13-3    sign under oath a statement substantially in the following form:
 13-4          "On this ________ day of ____________, 20 [19]___, I have
 13-5          been advised by the (name of the court) Court of my right to
 13-6          representation by counsel in the trial of the charge pending
 13-7          against me.  I certify that I am without means to employ
 13-8          counsel of my own choosing and I hereby request the court to
 13-9          appoint counsel for me.  (signature of the defendant)"
13-10          (p)  A defendant who is determined by the court to be
13-11    indigent is presumed to remain indigent for the remainder of the
13-12    proceedings in the case unless a material change in the defendant's
13-13    financial circumstances occurs.  [(e)]  If there is a material
13-14    change in financial circumstances after a determination of
13-15    indigency or nonindigency is made, the defendant, the defendant's
13-16    counsel, or the attorney representing the state may move for
13-17    reconsideration of the determination.
13-18          (q) [(f)]  A written or oral statement elicited under this
13-19    article or evidence derived from the statement may not be used for
13-20    any purpose, except to determine the defendant's indigency or to
13-21    impeach the direct testimony of the defendant.  This subsection
13-22    does not prohibit prosecution of the defendant under Chapter 37,
13-23    Penal Code.
13-24          SECTION 6.  Article 26.044, Code of Criminal Procedure, is
13-25    amended to read as follows:
13-26          Art. 26.044.  PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
 14-1    COURTS AND FOUR DISTRICT COURTS].  (a)  In this chapter, "public
 14-2    defender" means a governmental entity or nonprofit corporation:
 14-3                (1)  operating under a written agreement with a
 14-4    governmental entity, other than an individual judge or court;
 14-5                (2)  using public funds; and
 14-6                (3)  providing legal representation and services to
 14-7    indigent defendants accused of a crime or juvenile offense, as
 14-8    those terms are defined by Section 71.001, Government Code.
 14-9          (b)  The commissioners court of any county, on written
14-10    approval of a judge of a county court, statutory county court, or
14-11    district court trying criminal cases in the county, [having four
14-12    county courts and four district courts] may appoint a governmental
14-13    entity or nonprofit corporation [one or more attorneys] to serve as
14-14    a public defender.  The commissioners courts of two or more
14-15    counties may enter into a written agreement to jointly appoint and
14-16    fund a regional [A] public defender [serves at the pleasure of the
14-17    commissioners court].  In appointing a public defender under this
14-18    subsection, the commissioners court shall specify or the
14-19    commissioners courts shall jointly specify, if appointing a
14-20    regional public defender:
14-21                (1)  the duties of the public defender; and
14-22                (2)  the types of cases to which the public defender
14-23    may be appointed under Article 26.04(f) and the courts in which the
14-24    public defender may be required to appear.
14-25          (c)  Before appointing a public defender under Subsection
14-26    (b), the commissioners court or commissioners courts shall solicit
 15-1    proposals for the public defender.  A proposal must include:
 15-2                (1)  a budget for the public defender, including
 15-3    salaries;
 15-4                (2)  a description of each personnel position,
 15-5    including the chief public defender position;
 15-6                (3)  the maximum allowable caseloads for each attorney
 15-7    employed by the proponent;
 15-8                (4)  provisions for personnel training;
 15-9                (5)  a description of anticipated overhead costs for
15-10    the public defender; and
15-11                (6)  policies regarding the use of licensed
15-12    investigators and expert witnesses by the proponent.
15-13          (d)  After considering each proposal for the public defender
15-14    submitted by a governmental entity or nonprofit corporation, the
15-15    commissioners court or commissioners courts shall select a proposal
15-16    that reasonably demonstrates that the proponent will provide
15-17    adequate quality representation for indigent defendants in the
15-18    county or counties.
15-19          (e)  The total cost of the proposal may not be the sole
15-20    consideration in selecting a proposal.
15-21          (f) [(b)]  To be eligible for appointment as a public
15-22    defender, the governmental entity or nonprofit corporation [a
15-23    person] must be directed by a chief public defender who:
15-24                (1)  is [be] a member of the State Bar of Texas;
15-25                (2)  has [have] practiced law for at least three years
15-26    [one year]; and
 16-1                (3)  has substantial [have] experience in the practice
 16-2    of criminal law.
 16-3          (g)  A [(c)  The] public defender is entitled to receive
 16-4    funds for personnel costs and expenses incurred in operating as a
 16-5    public defender in amounts [an annual salary  in an amount] fixed
 16-6    by the commissioners court and paid out of the appropriate county
 16-7    fund, or jointly fixed by the commissioners courts and
 16-8    proportionately paid out of each appropriate county fund if the
 16-9    public defender serves more than one county.
16-10          (h)  A public defender may employ attorneys, licensed
16-11    investigators, and other personnel necessary to perform the duties
16-12    of the public defender as specified by the commissioners court or
16-13    commissioners courts under Subsection (b)(1).
16-14          (i) [(d)]  Except as authorized by this article, the chief
16-15    [a] public defender or an attorney employed by a public defender
16-16    may not:
16-17                (1)  engage in the private practice of criminal law; or
16-18                (2)  accept anything of value not authorized by this
16-19    article for services rendered under this article.
16-20          (j)  A public defender serves at the pleasure of the
16-21    commissioners court or commissioners courts.
16-22          (k)  A public defender may refuse an appointment under
16-23    Article 26.04(f) if:
16-24                (1)  a conflict of interest exists;
16-25                (2)  the public defender has insufficient resources to
16-26    provide adequate representation for the defendant;
 17-1                (3)  the public defender is incapable of providing
 17-2    representation for the defendant in accordance with the rules of
 17-3    professional conduct; or
 17-4                (4)  the public defender shows other good cause for
 17-5    refusing the appointment.
 17-6          (l) [(e)  The judge may remove a public defender who violates
 17-7    a provision of Subsection (d) of this article.]
 17-8          [(f)  A public defender or an attorney appointed by a court
 17-9    of competent jurisdiction shall represent each indigent person who
17-10    is charged with a criminal offense in a county having at least four
17-11    county courts and at least four district courts and each indigent
17-12    minor who is a party to a juvenile delinquency proceeding in the
17-13    county.]
17-14          [(g)]  A public defender may investigate the financial
17-15    condition of any person the public defender is appointed to
17-16    represent.  The defender shall report the results of the
17-17    investigation to the appointing judge.  The judge may hold a
17-18    hearing to determine if the person is indigent and entitled to
17-19    representation under this article.
17-20          [(h)  If an attorney other than a public defender is
17-21    appointed, the attorney is entitled to the compensation provided by
17-22    Article 26.05 of this code.]
17-23          [(i)  At any stage of the proceeding, including appeal or
17-24    other postconviction proceedings, the judge may appoint another
17-25    attorney to represent the person.  The substitute attorney is
17-26    entitled to the compensation provided by Article 26.05 of this
 18-1    code.]
 18-2          [(j)  Except for the provisions relating to daily appearance
 18-3    fees, Article 26.05 of this code applies to a public defender
 18-4    appointed under this article.]
 18-5          SECTION 7.  Article 26.05, Code of Criminal Procedure, is
 18-6    amended to read as follows:
 18-7          Art. 26.05.  COMPENSATION OF COUNSEL APPOINTED TO DEFEND.
 18-8    (a)  A counsel, other than an attorney with a public defender
 18-9    [defender's office], appointed to represent a defendant in a
18-10    criminal proceeding, including a habeas corpus hearing, shall be
18-11    [reimbursed for reasonable expenses incurred with prior court
18-12    approval for purposes of investigation and expert testimony and
18-13    shall be] paid a reasonable attorney's fee for performing the
18-14    following services, based on the time and labor required, the
18-15    complexity of the case, and the experience and ability of the
18-16    appointed counsel:
18-17                (1)  time spent in court making an appearance on behalf
18-18    of the defendant as evidenced by a docket entry, time spent in
18-19    trial, and [or] time spent in a proceeding in which sworn oral
18-20    testimony is elicited;
18-21                (2)  reasonable and necessary time spent out of court
18-22    on the case, supported by any documentation that the court
18-23    requires; [and]
18-24                (3)  preparation of an appellate brief and preparation
18-25    and presentation of oral argument to a court of appeals or the
18-26    Court of Criminal Appeals; and
 19-1                (4)  preparation of a motion for rehearing.
 19-2          (b)  All payments made under this article shall be paid in
 19-3    accordance with a schedule of fees adopted by formal action of the
 19-4    judges of the county courts, statutory county courts, and district
 19-5    courts trying criminal cases in [county and district criminal court
 19-6    judges within] each county[, except that in a county with only one
 19-7    judge with criminal jurisdiction the schedule will be adopted by
 19-8    the administrative judge for that judicial district].
 19-9          (c)  Each fee schedule adopted shall state reasonable [will
19-10    include a] fixed rates or [rate,] minimum and maximum hourly rates,
19-11    taking into consideration overhead costs and customary rates
19-12    charged for similar legal services in the community, [and daily
19-13    rates] and shall [will] provide a form for the appointed counsel to
19-14    itemize [reporting] the types of services performed [in each one].
19-15    No payment shall be made under this article [section] until the
19-16    form for itemizing [reporting] the services performed is submitted
19-17    to the judge presiding over the proceedings and the judge approves
19-18    the payment.  If the judge disapproves the requested amount of
19-19    payment, the judge shall make written findings stating the amount
19-20    of payment that the judge approves and each reason for approving an
19-21    amount different from the requested amount.  An attorney whose
19-22    request for payment is disapproved may appeal the disapproval by
19-23    filing a motion with the presiding judge of the administrative
19-24    judicial region.  On the filing of a motion, the presiding judge of
19-25    the administrative judicial region shall review the disapproval of
19-26    payment and determine the appropriate amount of payment.  In
 20-1    reviewing the disapproval, the presiding judge may conduct a
 20-2    hearing.  Not later than the 45th day after the date an application
 20-3    for payment of a fee is submitted under this article, the
 20-4    commissioners court shall pay to the appointed counsel the amount
 20-5    approved by the presiding judge [and approved by the court and is
 20-6    in accordance with the fee schedule for that county].
 20-7          (d)  A counsel in a noncapital case, other than an attorney
 20-8    with a public defender, appointed to represent a defendant under
 20-9    this code shall be reimbursed for reasonable expenses, including
20-10    expenses for investigation and for mental health and other experts.
20-11    Expenses incurred with prior court approval shall be reimbursed in
20-12    the same manner provided for capital cases by Articles 26.052(f)
20-13    and (g), and expenses incurred without prior court approval shall
20-14    be reimbursed in the manner provided for capital cases by Article
20-15    26.052(h).
20-16          (e)  All payments made under this article shall be paid from
20-17    the general fund of the county in which the prosecution was
20-18    instituted or habeas corpus hearing held and may be included as
20-19    costs of court.
20-20          (f) [(e)]  If the court determines that a defendant has
20-21    financial resources that enable him to offset in part or in whole
20-22    the costs of the legal services provided, including any expenses
20-23    and costs, the court shall order the defendant to pay during the
20-24    pendency of the charges or, if convicted, as court costs the amount
20-25    that it finds the defendant is able to pay.
20-26          (g) [(f)]  Reimbursement of expenses incurred for purposes of
 21-1    investigation or expert testimony may be paid directly to a private
 21-2    investigator licensed under Chapter 1702, Occupations Code, [the
 21-3    Private Investigators and Private Security Agencies Act (Article
 21-4    4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
 21-5    in the manner designated by appointed counsel and approved by the
 21-6    court.
 21-7          SECTION 8.  Article 26.052, Code of Criminal Procedure, is
 21-8    amended by amending Subsections (d) and (e) and adding Subsection
 21-9    (m) to read as follows:
21-10          (d)(1)  The committee shall adopt standards for the
21-11    qualification of attorneys to be appointed to represent indigent
21-12    defendants in capital cases in which the death penalty is sought
21-13    [for appointment to death penalty cases].
21-14                (2)  The standards must require that an attorney
21-15    appointed to a death penalty case:
21-16                      (A)  be a member of the State Bar of Texas;
21-17                      (B)  exhibit proficiency and commitment to
21-18    providing quality representation to defendants in death penalty
21-19    cases;
21-20                      (C)  have at least five years of experience in
21-21    criminal litigation;
21-22                      (D)  have tried to a verdict as lead defense
21-23    counsel 10 or more felony cases, at least four of which were
21-24    homicide trials and five of which were for offenses punishable as
21-25    second or first degree felonies or capital felonies;
21-26                      (E)  have trial experience in:
 22-1                            (i)  the use of and challenges to mental
 22-2    health or forensic expert witnesses; and
 22-3                            (ii)  investigating and presenting
 22-4    mitigating evidence at the penalty phase of a death penalty trial;
 22-5    and
 22-6                      (F)  have participated in continuing legal
 22-7    education courses or other training relating to criminal defense in
 22-8    death penalty cases.
 22-9                (3)  The committee shall prominently post the standards
22-10    in each district clerk's office in the region with a list of
22-11    attorneys qualified for appointment.
22-12                (4)  Not later than the second anniversary of the date
22-13    an attorney is placed on the list of attorneys qualified for
22-14    appointment in death penalty cases, the attorney must present proof
22-15    to the committee that the attorney has successfully completed a
22-16    course or other form of training relating to the defense of death
22-17    penalty cases that is acceptable to the committee.  The committee
22-18    shall remove the attorney's name from the list of qualified
22-19    attorneys if the attorney fails to provide the committee with proof
22-20    of completion of the course or other training.
22-21          (e)  The presiding judge of the district court in which a
22-22    capital felony case is filed shall appoint two attorneys, at least
22-23    one of whom must be qualified under this chapter, [counsel] to
22-24    represent an indigent defendant as soon as practicable after
22-25    charges are filed, unless the state gives notice in writing that
22-26    the state will not seek the death penalty [if the death penalty is
 23-1    sought in the case.  The judge shall appoint lead trial counsel
 23-2    from the list of attorneys qualified for appointment.  The judge
 23-3    shall appoint a second counsel to assist in the defense of the
 23-4    defendant, unless reasons against the appointment of two counsel
 23-5    are stated in the record].
 23-6          (m)  The local selection committee shall annually review the
 23-7    list of attorneys posted under Subsection (d) to ensure that each
 23-8    listed attorney satisfies the requirements under this chapter.
 23-9          SECTION 9.  Subsection (h), Article 102.075, Code of Criminal
23-10    Procedure, is amended to read as follows:
23-11          (h)  The comptroller shall deposit money received under this
23-12    article to the credit of the following accounts in the general
23-13    revenue fund according to the specified percentages:
23-14              NAME OF ACCOUNT                            PERCENTAGE
23-15       abused children's counseling                           0.02%
23-16       crime stoppers assistance                               0.6%
23-17       breath alcohol testing                                 1.28%
23-18       Bill Blackwood Law Enforcement
23-19          Management Institute                                5.04%
23-20       law enforcement officers standards and education      11.63%
23-21       comprehensive rehabilitation                          12.37%
23-22       operator's and chauffeur's license                     25.9%
23-23       criminal justice planning                             29.18%
23-24       fair defense account                                  13.98%
23-25          SECTION 10.  Chapter 51, Family Code, is amended by adding
23-26    Section 51.101 to read as follows:
 24-1          Sec. 51.101.  APPOINTMENT OF COUNSEL PLAN.  (a)  The
 24-2    juvenile board of each county shall adopt a plan that:
 24-3                (1)  specifies the qualifications necessary for an
 24-4    attorney to be included on an appointment list from which attorneys
 24-5    are appointed to represent children in proceedings under this
 24-6    title; and
 24-7                (2)  establishes procedures for:
 24-8                      (A)  including attorneys on the appointment list
 24-9    and removing attorneys from the list; and
24-10                      (B)  appointing attorneys from the appointment
24-11    list to individual cases.
24-12          (b)  A plan adopted under Subsection (a) must:
24-13                (1)  to the extent practicable, comply with the
24-14    requirements of Article 26.04, Code of Criminal Procedure, except
24-15    that:
24-16                      (A)  the income and assets of the child's parent
24-17    or other person responsible for the child's support must be used in
24-18    determining whether the child is indigent; and
24-19                      (B)  any alternative plan for appointing counsel
24-20    is established by the juvenile board; and
24-21                (2)  recognize the differences in qualifications and
24-22    experience necessary for appointments to cases in which:
24-23                      (A)  the allegation is:
24-24                            (i)  conduct indicating a need for
24-25    supervision;
24-26                            (ii)  delinquent conduct, and commitment to
 25-1    the Texas Youth Commission is not an authorized disposition; or
 25-2                            (iii)  delinquent conduct, and commitment
 25-3    to the Texas Youth Commission without a determinate sentence is an
 25-4    authorized disposition;
 25-5                      (B)  determinate sentence proceedings have been
 25-6    initiated; or
 25-7                      (C)  proceedings for discretionary transfer to
 25-8    criminal court have been initiated.
 25-9          SECTION 11.  Section 71.001, Government Code, is amended by
25-10    adding Subdivisions (3) through (7) to read as follows:
25-11                (3)  "Crime" means:
25-12                      (A)  a misdemeanor punishable by confinement; or
25-13                      (B)  a felony.
25-14                (4)  "Defendant" means a person accused of a crime or a
25-15    juvenile offense.
25-16                (5)  "Indigent defense support services" means criminal
25-17    defense services that:
25-18                      (A)  are provided by licensed investigators,
25-19    experts, or other similar specialists, including forensic experts
25-20    and mental health experts; and
25-21                      (B)  are reasonably necessary for appointed
25-22    counsel to provide adequate representation to indigent defendants.
25-23                (6)  "Juvenile offense" means conduct committed by a
25-24    person while younger than 17 years of age that constitutes:
25-25                      (A)  a misdemeanor punishable by confinement; or
25-26                      (B)  a felony.
 26-1                (7)  "Public defender" has the meaning assigned by
 26-2    Article 26.044(a), Code of Criminal Procedure.
 26-3          SECTION 12.  Subchapter C, Chapter 71, Government Code, is
 26-4    amended by adding Section 71.0351 to read as follows:
 26-5          Sec. 71.0351.  INDIGENT DEFENSE INFORMATION.  (a)  Not later
 26-6    than January 1 of each year, in each county, a copy of all formal
 26-7    and informal rules and forms that describe the procedures used in
 26-8    the county to provide indigent defendants with counsel in
 26-9    accordance with the Code of Criminal Procedure, including the
26-10    schedule of fees required under Article 26.05 of that code, shall
26-11    be prepared and sent to the Office of Court Administration of the
26-12    Texas Judicial System in the form and manner prescribed by the
26-13    office.  Except as provided by Subsection (b), the local
26-14    administrative district judge in each county, or the person
26-15    designated by the judge, shall prepare and send to the office of
26-16    court administration a copy of all rules and forms adopted by the
26-17    judges of the district courts trying felony cases in the county.
26-18    Except as provided by Subsection (b), the local administrative
26-19    statutory county court judge in each county, or the person
26-20    designated by the judge, shall prepare and send to the office of
26-21    court administration a copy of all rules and forms adopted by the
26-22    judges of the county courts and statutory county courts trying
26-23    misdemeanor cases in the county.
26-24          (b)  If the judges of two or more levels of courts adopt the
26-25    same formal and informal rules and forms as described by Subsection
26-26    (a), the local administrative judge serving the courts having
 27-1    jurisdiction over offenses with the highest classification of
 27-2    punishment, or the person designated by the judge, shall prepare
 27-3    and send to the Office of Court Administration of the Texas
 27-4    Judicial System a copy of the rules and forms.
 27-5          (c)  In each county, the county auditor, or the person
 27-6    designated by the commissioners court if the county does not have a
 27-7    county auditor, shall prepare and send to the Office of Court
 27-8    Administration of the Texas Judicial System in the form and manner
 27-9    prescribed by the office:
27-10                (1)  information showing the total amount expended by
27-11    the county to provide indigent defense support services and an
27-12    analysis of the amount expended by the county:
27-13                      (A)  in each district, county, statutory county,
27-14    and appellate court, if available;
27-15                      (B)  in cases for which a private attorney is
27-16    appointed for an indigent defendant;
27-17                      (C)  in cases for which a public defender is
27-18    appointed for an indigent defendant;
27-19                      (D)  in cases for which counsel is appointed for
27-20    an indigent juvenile under Section 51.10(f), Family Code; and
27-21                      (E)  for investigation expenses, expert witness
27-22    expenses, or other litigation expenses; and
27-23                (2)  the following information with respect to legal
27-24    services provided in the county to indigent defendants during each
27-25    fiscal year:
27-26                      (A)  the name of the attorney appointed to
 28-1    represent the defendant;
 28-2                      (B)  the amount of time spent on the case by the
 28-3    attorney appointed to represent the defendant, regardless of
 28-4    whether the time was spent in or out of court; and
 28-5                      (C)  the amounts requested and paid in attorney's
 28-6    fees and litigation costs, including investigation and expert
 28-7    witness costs.
 28-8          (d)  The information required under Subsection (c) may be
 28-9    provided on a monthly, quarterly, or annual basis and shall also
28-10    include for each analysis under that subsection the number of cases
28-11    for which the amount was expended, if available.
28-12          (e)  The crime records service of the Department of Public
28-13    Safety shall prepare and send to the Office of Court Administration
28-14    of the Texas Judicial System in the form and manner prescribed by
28-15    the office the following information with respect to legal services
28-16    provided in each county to indigent defendants during each fiscal
28-17    year:
28-18                (1)  the court designation;
28-19                (2)  the incident number on the incident fingerprint
28-20    card;
28-21                (3)  the date of birth, race, and sex of the defendant,
28-22    if available;
28-23                (4)  the dates of arrest, appearance before a
28-24    magistrate, and appointment of counsel; and
28-25                (5)  disposition of the case.
28-26          (f)  As a duty of office, each district and county clerk
 29-1    shall cooperate with the county auditor or the person designated by
 29-2    the commissioners court and the commissioners court in retrieving
 29-3    information required to be sent to the Office of Court
 29-4    Administration of the Texas Judicial System under Subsection (c).
 29-5          (g)  On receipt of information required under this section,
 29-6    the Office of Court Administration of the Texas Judicial System
 29-7    shall forward the information to the Task Force on Indigent
 29-8    Defense.
 29-9          SECTION 13.  Chapter 71, Government Code, is amended by
29-10    adding Subchapter D to read as follows:
29-11               SUBCHAPTER D.  TASK FORCE ON INDIGENT DEFENSE
29-12          Sec. 71.051.  ESTABLISHMENT OF TASK FORCE; COMPOSITION.  The
29-13    Task Force on Indigent Defense is established as a standing
29-14    committee of the council and is composed of eight ex officio
29-15    members and four appointive members.
29-16          Sec. 71.052.  EX OFFICIO MEMBERS.  The ex officio members
29-17    are:
29-18                (1)  the following six members of the council:
29-19                      (A)  the chief justice of the supreme court;
29-20                      (B)  the presiding judge of the court of criminal
29-21    appeals;
29-22                      (C)  the member of the senate appointed by the
29-23    lieutenant governor;
29-24                      (D)  the member of the house of representatives
29-25    appointed by the speaker of the house;
29-26                      (E)  one of the district court judges serving on
 30-1    the council who is designated by the chief justice of the supreme
 30-2    court to serve on the Task Force on Indigent Defense; and
 30-3                      (F)  one of the county court, statutory county
 30-4    court, or statutory probate court judges serving on the council who
 30-5    is designated by the chief justice of the supreme court to serve on
 30-6    the Task Force on Indigent Defense;
 30-7                (2)  the chair of the Senate Criminal Justice
 30-8    Committee; and
 30-9                (3)  the chair of the House Criminal Jurisprudence
30-10    Committee.
30-11          Sec. 71.053.  APPOINTMENTS.  (a)  The governor shall appoint
30-12    with the advice and consent of the senate four members of the Task
30-13    Force on Indigent Defense as follows:
30-14                (1)  one member who is a presiding judge of an
30-15    administrative judicial region;
30-16                (2)  one member who is a judge of a constitutional
30-17    county court or who is a county commissioner;
30-18                (3)  one member who is a practicing criminal defense
30-19    attorney; and
30-20                (4)  one member who is a public defender or who is
30-21    employed by a public defender.
30-22          (b)  The members serve staggered terms of two years, with two
30-23    members' terms expiring February 1 of each odd-numbered year and
30-24    two members' terms expiring February 1 of each even-numbered year.
30-25          (c)  In making appointments to the Task Force on Indigent
30-26    Defense, the governor shall attempt to reflect the geographic and
 31-1    demographic diversity of the state.
 31-2          (d)  A person may not be appointed to the Task Force on
 31-3    Indigent Defense if the person is required to register as a
 31-4    lobbyist under Chapter 305 because of the person's activities for
 31-5    compensation on behalf of a profession related to the operation of
 31-6    the task force or the council.
 31-7          Sec. 71.054.  VACANCIES.  A vacancy on the Task Force on
 31-8    Indigent Defense must be filled for the unexpired term in the same
 31-9    manner as the original appointment.  An appointment to fill a
31-10    vacancy shall be made not later than the 90th day after the date
31-11    the vacancy occurs.
31-12          Sec. 71.055.  MEETINGS; QUORUM; VOTING.  (a)  The Task Force
31-13    on Indigent Defense shall meet at least quarterly and at such other
31-14    times as it deems necessary or convenient to perform its duties.
31-15          (b)  Six members of the Task Force on Indigent Defense
31-16    constitute a quorum for purposes of transacting task force
31-17    business.  The task force may act only on the concurrence of five
31-18    task force members or a majority of the task force members present,
31-19    whichever number is greater.  The task force may develop policies
31-20    and standards under Section 71.060 only on the concurrence of seven
31-21    task force members.
31-22          (c)  A Task Force on Indigent Defense member is entitled to
31-23    vote on any matter before the task force, except as otherwise
31-24    provided by rules adopted by the task force and ratified by the
31-25    council.
31-26          Sec. 71.056.  COMPENSATION.  A Task Force on Indigent Defense
 32-1    member may not receive compensation for services on the task force
 32-2    but is entitled to be reimbursed for actual and necessary expenses
 32-3    incurred in discharging the member's duties as a task force member.
 32-4    The expenses are paid from funds appropriated to the task force.
 32-5          Sec. 71.057.  BUDGET.  (a)  The Task Force on Indigent
 32-6    Defense budget shall be a part of the budget for the council.  In
 32-7    preparing a budget and presenting the budget to the legislature,
 32-8    the task force shall consult with the executive director of the
 32-9    Office of Court Administration of the Texas Judicial System.
32-10          (b)  The Task Force on Indigent Defense budget may include
32-11    money for personnel who are employees of the council but who are
32-12    assigned to assist the task force in performing its duties.
32-13          (c)  The executive director of the Office of Court
32-14    Administration of the Texas Judicial System may not reduce or
32-15    modify the Task Force on Indigent Defense budget or use funds
32-16    appropriated to the task force without the approval of the task
32-17    force.
32-18          Sec. 71.058.  FAIR DEFENSE ACCOUNT.  The fair defense account
32-19    is an account in the general revenue fund that may be appropriated
32-20    only for the purpose of implementing this subchapter.
32-21          Sec. 71.059.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
32-22    The Task Force on Indigent Defense may accept gifts, grants, and
32-23    other funds from any public or private source to pay expenses
32-24    incurred in performing its duties under this subchapter.
32-25          Sec. 71.060.  POLICIES AND STANDARDS.  (a)  The Task Force on
32-26    Indigent Defense shall develop policies and standards for providing
 33-1    legal representation and other defense services to indigent
 33-2    defendants at trial, on appeal, and in postconviction proceedings.
 33-3    The policies and standards may include:
 33-4                (1)  performance standards for counsel appointed to
 33-5    represent indigent defendants;
 33-6                (2)  qualification standards under which attorneys may
 33-7    qualify for appointment to represent indigent defendants,
 33-8    including:
 33-9                      (A)  qualifications commensurate with the
33-10    seriousness of the nature of the proceeding;
33-11                      (B)  qualifications appropriate for
33-12    representation of mentally ill defendants and noncitizen
33-13    defendants;
33-14                      (C)  successful completion of relevant continuing
33-15    legal education programs approved by the council; and
33-16                      (D)  testing and certification standards;
33-17                (3)  standards for ensuring appropriate appointed
33-18    caseloads for counsel appointed to represent indigent defendants;
33-19                (4)  standards for determining whether a person accused
33-20    of a crime or juvenile offense is indigent;
33-21                (5)  standards governing the reasonable compensation of
33-22    counsel appointed to represent indigent defendants;
33-23                (6)  standards governing the availability and
33-24    reasonable compensation of providers of indigent defense support
33-25    services for counsel appointed to represent indigent defendants;
33-26    and
 34-1                (7)  other policies and standards for providing
 34-2    indigent defense support services as determined by the task force
 34-3    to be appropriate.
 34-4          (b)  The Task Force on Indigent Defense shall submit policies
 34-5    and standards developed under Subsection (a) to the council for
 34-6    ratification.
 34-7          (c)  Any qualification standards adopted by the Task Force on
 34-8    Indigent Defense under Subsection (a) that relate to the
 34-9    appointment of counsel in a death penalty case must be consistent
34-10    with the standards specified under Article 26.052(d), Code of
34-11    Criminal Procedure.  An attorney who is identified by the task
34-12    force as not satisfying performance or qualification standards
34-13    adopted by the task force under Subsection (a) may not accept an
34-14    appointment in a capital case.
34-15          Sec. 71.061.  REPORTS.  (a)  The Task Force on Indigent
34-16    Defense shall annually submit to the governor, lieutenant governor,
34-17    speaker of the house of representatives, and council and shall
34-18    publish in written and electronic form a report:
34-19                (1)  containing the information forwarded to the task
34-20    force from the Office of Court Administration of the Texas Judicial
34-21    System under Section 71.0351(g); and
34-22                (2)  regarding:
34-23                      (A)  the quality of legal representation provided
34-24    by counsel appointed to represent indigent defendants;
34-25                      (B)  current indigent defense practices in the
34-26    state as compared to state and national standards; and
 35-1                      (C)  efforts made by the task force to improve
 35-2    indigent defense practices in the state.
 35-3          (b)  The Task Force on Indigent Defense shall annually submit
 35-4    to the Legislative Budget Board and council and shall publish in
 35-5    written and electronic form a detailed report of all expenditures
 35-6    made under this subchapter, including distributions under Section
 35-7    71.062.
 35-8          (c)  The Task Force on Indigent Defense may issue other
 35-9    reports relating to indigent defense as determined to be
35-10    appropriate by the task force.
35-11          Sec. 71.062.  TECHNICAL SUPPORT; DISTRIBUTION OF FUNDS.
35-12    (a)  The Task Force on Indigent Defense shall:
35-13                (1)  provide technical support to assist counties in
35-14    improving their indigent defense systems;
35-15                (2)  establish a method for fairly allocating funds to
35-16    counties that appropriately weighs factors, including:
35-17                      (A)  county population;
35-18                      (B)  current spending in the county and the
35-19    amount of spending increase for indigent defense services; and
35-20                      (C)  the county's tax base; and
35-21                (3)  review each county's indigent defense system and
35-22    determine whether the county is eligible for a distribution of
35-23    funds under Subsection (c).
35-24          (b)  A county is eligible for a distribution of funds under
35-25    Subsection (c) only if:
35-26                (1)  the county is in compliance with the requirements
 36-1    of Articles 1.051, 14.06, and 15.17, Code of Criminal Procedure,
 36-2    relating to prompt appointment of counsel and appearance before a
 36-3    magistrate;
 36-4                (2)  the county is in compliance with the requirements
 36-5    of Article 26.04, Code of Criminal Procedure, relating to
 36-6    procedures for appointing counsel; and
 36-7                (3)  the county is in compliance with standards
 36-8    established by the Task Force on Indigent Defense under this
 36-9    subchapter.
36-10          (c)  The comptroller shall distribute funds to counties that
36-11    are eligible for a distribution of funds as determined by the Task
36-12    Force on Indigent Defense under Subsection (a)(3).  The funds shall
36-13    be distributed in accordance with the methodology established by
36-14    the task force under Subsection (a)(2).
36-15          (d)  The comptroller shall monitor each county that receives
36-16    a distribution of funds under Subsection (c) to ensure compliance
36-17    by the county with the conditions of the distribution.  In ensuring
36-18    compliance by a county, the comptroller may:
36-19                (1)  withdraw funds; or
36-20                (2)  require reimbursement of funds by the county.
36-21          (e)  A county may not reduce the amount of funds provided for
36-22    indigent defense services in the county because of funds provided
36-23    by the Task Force on Indigent Defense under this section.
36-24          SECTION 14.  Sections 26.041, 26.042, 26.043, 26.045, 26.046,
36-25    26.047, 26.048, 26.049, 26.050, and 26.058, Code of Criminal
36-26    Procedure, are repealed.
 37-1          SECTION 15.  The change in law made by this Act applies only
 37-2    to a person arrested for or charged with an offense committed or,
 37-3    for purposes of Title 3, Family Code, a child taken into custody
 37-4    for conduct or alleged to have engaged in conduct that occurs on or
 37-5    after the effective date of this Act and to the appointment of
 37-6    counsel for that person or child.  A person arrested for or charged
 37-7    with an offense committed or a child taken into custody for conduct
 37-8    or alleged to have engaged in conduct that occurs before the
 37-9    effective date of this Act is covered by the law in effect when the
37-10    offense was committed or the conduct occurred, and the former law
37-11    is continued in effect for that purpose.
37-12          SECTION 16.  A county having established a public defender
37-13    under a statute repealed or amended by this Act may continue the
37-14    existence and operation of the public defender under the terms of
37-15    the repealed or amended statute as that statute existed immediately
37-16    before the effective date of this Act if the public defender is a
37-17    governmental entity or nonprofit corporation described by
37-18    Subsection (a), Article 26.044, Code of Criminal Procedure, as
37-19    amended by this Act.  The change in law made by this Act to Article
37-20    26.044, Code of Criminal Procedure, applies only to a public
37-21    defender appointed on or after the effective date of this Act.
37-22          SECTION 17.  A local administrative judge or other person
37-23    designated under Subsection (a) or (b), Section 71.0351, Government
37-24    Code, as added by this Act, shall begin sending to the Office of
37-25    Court Administration of the Texas Judicial System the information
37-26    required to be sent by that section on or before January 1, 2002.
 38-1    A county auditor or other person designated under Subsection (c),
 38-2    Section 71.0351, Government Code, as added by this Act, shall begin
 38-3    sending to the Office of Court Administration of the Texas Judicial
 38-4    System the information required by that section on or before July
 38-5    1, 2002.  The crime records service of the Department of Public
 38-6    Safety shall begin sending to the Office of Court Administration of
 38-7    the Texas Judicial System the information required by Subsection
 38-8    (e), Section 71.0351, Government Code, as added by this Act, on or
 38-9    before September 1, 2003.
38-10          SECTION 18.  The governor shall make appointments to the Task
38-11    Force on Indigent Defense as soon as practicable after the
38-12    effective date of this Act.  In appointing the initial members of
38-13    the task force, the governor shall appoint the member who is a
38-14    presiding judge of an administrative judicial region and the member
38-15    who is a practicing criminal defense attorney for terms expiring
38-16    February 1, 2003, and the member who is a judge of a constitutional
38-17    county court or who is a county commissioner and the member who is
38-18    a public defender or who is employed by a public defender for terms
38-19    expiring February 1, 2004.
38-20          SECTION 19.  A local selection committee shall amend
38-21    standards previously adopted by the committee to conform with the
38-22    requirements of Subsection (d), Article 26.052, Code of Criminal
38-23    Procedure, as amended by this Act, not later than April 1, 2002.
38-24    An attorney appointed to a death penalty case that begins on or
38-25    after April 1, 2002, must meet the standards adopted in conformity
38-26    with the amended Subsection (d), Article 26.052, Code of Criminal
 39-1    Procedure.  An attorney appointed to a death penalty case that
 39-2    begins before April 1, 2002, is covered by the law in effect when
 39-3    the case began, and the former law is continued in effect for that
 39-4    purpose.
 39-5          SECTION 20.  Subsection (h), Article 102.075, Code of
 39-6    Criminal Procedure, as amended by this Act, applies only to a court
 39-7    cost collected under that article on or after the effective date of
 39-8    this Act.  A court cost collected under Article 102.075, Code of
 39-9    Criminal Procedure, before the effective date of this Act is
39-10    governed by the law in effect when the court cost was collected,
39-11    and the former law is continued in effect for that purpose.
39-12          SECTION 21.  Not later than September 1, 2002, the Task Force
39-13    on Indigent Defense shall submit to the Legislative Budget Board a
39-14    report on the distribution of funds under Section 71.062,
39-15    Government Code, as added by this Act, and shall submit to the
39-16    legislature a report containing recommendations related to the
39-17    establishment of a regular program for distributing funds,
39-18    including grants, to counties based on a county's compliance with
39-19    indigent defense standards adopted by the legislature and the Task
39-20    Force on Indigent Defense.
39-21          SECTION 22.  This Act takes effect January 1, 2002.